Students will need access to e-mail and the world wide web to participate
in the course. While e-mail and Internet access are available at
the school, it is highly recommended that students obtain an Internet service
provider account to assure reliable use throughout the semester.
Because the Internet often faces traffic slowdowns and the servers storing class readings may have occasional problems, students should plan to access course readings well in advance of class.
Please note that the rules governing admission to the bar in New York and the rules of the law school require each student to be in "good and regular attendance." Any student who is repeatedly absent from class or regularly unprepared for class may become ineligible to receive course credit.
The course readings are grouped around three themes: (I) Network Rule-Making;
(II) Information Flows; and (III) E-commerce. Each class session
will address topics within these themes. The readings for each theme
and topic are indicated below. During the course of the semester,
some of the reading assignments may be prospectively modified. Hence, students
should not try to read ahead of the current class topic.
PART I: NETWORK RULE-MAKING
The first part of the course will focus on the sources and theories of rule-making for network activity. The topics emphasize the technology and the relationship between technology and rule-making authority.
Topic 1: The Internet and New Technologies (Aug. 27 & 30)
This unit will explore the basic composition of the Internet and some of the organizations involved in designing the infrastructure.
Barry M. Leiner et. al , Brief history of the Internet version 3.31 (4 Aug 2000)
UCLA Online Institute for Cyberspace Law and Policy, The Growth & Development of Cyberspace Law in the United States: Highlights of the Past Decade (Mar. 10, 2000)
This unit will examine the sources and theories of regulation for Internet activities.
White House, A
Framework for Global Electronic Commerce (July 1997)
Joel R. Reidenberg, Governing Networks and Rule-Making in Cyberspace , 45 Emory L. J. 912 (1996)
IETF, The TAO of IETF June 18, 2001
Joel R. Reidenberg, Lex Informatica: The Formulation of Information Policy Rules through Technology, 76 Texas L. Rev. 553 (1998)
This unit will review the emerging principles of jurisdiction for activities on cross-border networks.
v. Yahoo! , TGI Paris ord. ref. (Nov. 20, 2001)
Brief of Amici
Curiae in Support of Yahoo , Yahoo v. Licra, Case No. C 00-21275 JF
PART II: INFORMATION FLOWS
Topic 1: Infrastructure Access (Oct. 1 & 4)
This unit will study key regulatory issues governing the access to the information infrastructure.
Benton Foundation, The Telecommunications Act of 1996 and the Changing Communications Landscape (1996)
Browse: FCC Web Site
Mark A. Lemley & Lawrence Lessig, The
End of End-to-End: Preserving the Architecture of the Internet in the Broadband
Era , 48 UCLA L. Rev. 925 (2001)
Jessica Litman, Digital
Copyright and information policy in Kraig M. Hill et. al.,
GLOBALIZATION OF INTELLECTUAL PROPERTY IN THE 21ST CENTURY 299 (1999)
(read entire essay)
Browse: ICANN http://www.icann.org
ICANN Watch http://www.icannwatch.org
Free Speech Coalition v. Reno , 198 F.3d 1083 (9th Cir., 1999) cert. granted (read Sections I, IIA, IIB(5)-(7), IV.A; Judge Ferguson's dissent)
ACLU v. Reno Docket No. 99-1324 (3rd. Cir. 2001) (COPA) (read Sections I.A-I.B, I.D, II.A)
Mainstream Loudon v. Loudon County Library , 24 F. Supp. 552 (E.D. Va. 1998) (read entire decision as edited by Prof. Bell)
Inc. v. John Doe , N.J. App. Div. A-2774-00T3, July 11, 2001
(read entire decision)
Jonathan Weinberg, Rating
the Net , 19 Hastings Comm. & Ent. L. J. 453 (1997)
This unit will look at selected data privacy issues.
Joel R. Reidenberg, Resolving Conflicting International Data Privacy Rules in Cyberspace, 52 STANFORD L. REV. 1315 (2000) (read pp. 1325-1354)
Directive 95/46/EC (skim all, read Arts. 25-26)
Implementation of EU Directive 95/46/EC
Reidenberg & Schwartz, Online Services and Data Protection Law: Regulatory Responses (EUR-OP, 1998) (read Part III, pp. 121-153)
Tom Wolverton, Egghead
sale could crack on privacy issues , C/Net, Aug. 24, 2001
The last part of the course will focus on specific legal issues related to e-commerce.
Topic 1: Electronic Transactions (Nov. 8 &
EU Directive 2000/31/EC on E-Commerce, O.J. L 178 (July 17, 2000)
Topic 2: Electronic Signatures (Nov. 15)
Topic 4: Spam (Nov. 26 & 29)
Lorrie Faith Cranor & Brian A. LaMacchia, Spam! , Comm. of A.C.M. (Aug. 1998)
EU Commission study: "Junk" e-mail costs internet users euro 10 billion a year worldwide" (Feb. 2, 2001)
Ferguson v. Friendfinder , Cal. Sup. Court, June 7, 2000
Media3 Technologies v. MAPS and Vixie , Docket 00-CV-12524-MEL (Ma. 2001)